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High Court for State of TelanganaCRLP/12800/2023disposed of no costs

Jagadam Venkanna v. The State Of Telangana,

2024-01-03T.Madhavi Devi4 pages

[ 321e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12800 OF 2023 Between:

Jagadam Venkanna, S/o.Late.Jagadam Chinnaiah, Aged about 77 years, occ. Retired Headmaster, Ryo.H.No.-4-18, Basheerabadh Village, Kammarpally Mandal, Nizamabad District ...pETrroNER/AccusED AND

1. The State of Telangana,, Rep by Public Prosecutor of High Court, of Telangana, through P.S.Kammarpally, Nizamabad District.

2. Gottam Srikanth, S/o.Muthanna, Aged about 28 years, occ. Agriculture, Rr/o.Basheerabad villase, Kammarpally ,""0"':.[,EAB3on?33;TBi3o*"r n^r. Petition under Section 482 of Cr,P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FlR.No.129l2O23 d1.18.1'. .2023 of PS Kamarpally for offences u/s.290, 323, lPC, 3(1) (r) (s) SC ST POA Act 2015, 3(2) (v) (a) SC ST POA Act, l.A. NO:'l oF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay of all further proceedings in FlR.No.'12912023 dt.18.11.2023 of PS Kamarpally including the appearance of the petitioner/Accused. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt R Swarnalatha, Advocate for the Petitioner and the Asst. Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 is not appearing in personal or by Advocate.

The Court made the following: ORDER

HON'BLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No.12800 of 2023

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioner, who is arrayed as accused in FIR, seeking to quash the proceedings against him in F.l.R.No.l29 of 2023 on the file of Kammarpally Police Station, Nizamabad District, registered for the alleged offences punishable under Sections 290 and 323 IPC and Sections 3( I )(r)(s) and 3(2)(V)(a) of the SCs & STs (POA) Act.

2.

Heard leamed counsel for the petitioner and leamed Assistant I I Public Prosecutor for respondent No. I - State 3.

Without going into the merits of the case, since the punishment prescribed for the offence alleged against the petitioner is less than seven

(07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 15.01.2024 between 02:00 p.m. and 04:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 4l-A Cr.P.C. and also the guidelines I formulated by the Hon'ble Supreme Court of India in Antesh Kumar v. I

-'- z TMD,J Crl.P.No.128OO oT 2023 t State of Biharl scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and the petitioner shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate. Further, it is made clear that the Police shall not take any coercive steps against the petitioner till the investigation is completed. The Police are directed to consider all the documents and the explanation submitted by the petitioner before them.

4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed. ./ r C)-o\Y)g SCC :-aj SD/. K.VENKAIAH ASSIST tsT //TRUE COPY// SECTION OFFICER To,

1. The Addl. Judicial First Class Magistrate at Armoor'

2. The Station House Officer, Kammarpally Police Station, Nizamabad District.

3. One CC to Smt R. Swarnalatha, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)

5. Two CD CoPies BJLB NSv(

HIGH COURT DATED:03/01/2024

ORDER

CRLP.No.12800 of 2023 i) '.',1..,. . , 1E i :- rl ,'i,ii4 CRIMINAL PETITION IS DISPOSED OF l- i:

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